Court No. - 68

Case :- APPLICATION U/S 482 No. - 31068 of 2022

Applicant :- Sheshnath Alias Tipu

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Sanjay Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Vakalatnama filed by Shri Vinok Kumar Tripathi, Manoj Kumar

Tripathi, Advocates on behalf of respondents is taken on record.

Supplementary Affidavit filed today is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for the

State as well as Shri Amit Kumar holding brief of Shri Manoj

Kumar Tripathi, learned counsel for respondents and perused

the material available on record.

The present application, under Section 482 Cr.P.C. has been

filed by the applicant for quashing the order of the Family

Court, passed in the application under section 125 Cr.P.C,

whereby the court below has awarded Rs.5,000/- to the wife

and Rs.2,000/- to the children (one is daughter and second is

son) as interim maintenance ex parte from the date of

application vide order dated 22.03.2021.

This is admitted case that no single penny has been paid by the

applicant in compliance of the order of the Family Court dated

22.03.2021, and thereafter, a execution case, under section 128

Cr.P.C has been filed against the applicant, in which, recovery

warrant has been issued on 6.5.2022 for recovery of

Rs.3,60,000/-.

Learned counsel for the applicant has stated that against the ex

parte orders, applicant moved a recall application dated

29.06.2022 for calling the orders dated 22.03.2021 as well as

warrant issued in pursuance to the order dated 6.5.2022 before

the court below, which is still pending, a copy of the recall

application is filed as Annexure No.SA-1 to the supplementary

affidavit. He further argued that opposite party no.2- wife of

applicant no.1 is living in adultery and one child was born. This

objection has not been raised before the court below.

Shri Amit Kumar holding brief of Shri Manoj Kumar Tripathi

submits that after award passed by the court below, the

applicant has not complied with the order and not paid a single

penny to the wife as well as minor children.

From perusal of the record it reveals that the interim order

passed by the court below to pay the interim maintenance to the

wife and the children has not complied with.

As such, the present application has no force and is liable to be

dismissed.

The application is dismissed.

However, trial court is directed to decide the application u/s 125

Cr.P.C expeditiously, in accordance with law.

Oder Date :- 27.1.2023

SFH

Digitally signed by :-

SYED FAHIM HUSAIN

High Court of Judicature at Allahabad